Lincoln Park council refers short-term rental changes to planning commission, adopts DUI ordinance and approves school-funded traffic study

The Lincoln Park City Council on March 24 unanimously referred proposed changes to the city code regulating short-term rentals to the Planning Commission, adopted by reference changes to local DUI enforcement that incorporate state law, and approved a traffic engineering study requested and paid for by Lincoln Park Public Schools.

The council voted to send an ordinance amendment that would define and limit short-term rental uses in single-family residential districts to the Planning Commission for immediate action. The referral was moved and seconded during the council’s action-items portion and passed on a roll call vote with all members present voting yes: Councilpersons Ross, Baer, DuPree, Nichols, Salcedo, Zor and Mayor Tobin.

The referral follows complaints the city has received about short-term rental activity in single-family neighborhoods. The ordinance text read into the record states that short-term rentals are currently prohibited in single-family districts and are principally permitted in multifamily residential districts, and it asks the Planning Commission to draft additional language for section 1270.02 to define permitted uses such as guest houses, bed-and-breakfasts and short-term rental platforms.

On a separate ordinance, the council gave first and second readings in its entirety to draft language that would repeal chapter 466 of the codified ordinances and replace it with a new chapter adopting by reference Michigan Compiled Law 257.625 and Public Act 2008 No. 463. The material read into the record says the change will allow the city to prosecute certain felony DUI-related matters locally—what the staff described as “super drunk” cases—rather than relying on the county prosecutor’s office. The city attorney explained the change by saying, “This will afford the city the opportunity to prosecute the super drunk and also any offense that carries more than 93 days in jail,” and added that keeping fines, costs, probation and community service local would keep those resources in the community. The ordinance text also references penalties and provides a severability clause; the effective date and publication timing were left for final reading.

Council members voted yes on the reading and the roll call showed no dissents.

The council also approved a professional traffic engineering services proposal from Hennessy Fishbeck to perform traffic-signal warrant analyses at intersections requested by the Lincoln Park Public Schools. The staff presentation said the study would analyze Champaign Road at Howard Street and Champaign Road at Lafayette Boulevard and that the study would be paid for by the school district. The staff memo presented one cost figure (a total not to exceed $6,400) but the ordinance/resolution language read later in the meeting referenced $346,400; council approved the measure. The discrepancy in the recorded figures was evident in the meeting record; the council approved the item with the understanding the project is paid for by the Lincoln Park Public Schools and that the study timing will aim to capture school-year traffic rather than summer counts.

Votes at a glance

- Referral: Proposed amendment to short-term rental language (section 1270.02) — Motion: refer to Planning Commission for immediate action — Outcome: approved — Roll call: Ross, Baer, DuPree, Nichols, Salcedo, Zor, Mayor Tobin — Notes: referral directs Planning Commission to draft specific permitted-use language.

- Ordinance: Repeal and replace Chapter 466 (DUI) to adopt MCL 257.625 / Public Act 2008 No. 463 by reference — Motion: give first and second readings in entirety — Outcome: approved (roll call unanimous) — Notes: city attorney said the change permits local prosecution of certain “super drunk” offenses; effective date to be set after final reading.

- Resolution: Approve Hennessy Fishbeck traffic engineering services for signal warrant analysis at Champaign/Howard and Champaign/Lafayette — Motion: approve proposal — Outcome: approved (roll call unanimous) — Notes: staff presentation listed a cost “not to exceed $6,400” and later text referenced $346,400; paid for by Lincoln Park Public Schools; study to be scheduled during the school year where possible.

The council meeting record did not identify named movers or seconders for the motions beyond the standard “I’ll move” and “support” exchanges; all roll-call votes taken on these items were unanimous among the members present. The Planning Commission will now draft the short-term rental language for council consideration; the DUI ordinance will return for finalization of its effective date and publication after the required notice steps.